Case Details
Mobil Exploration and Development Argentina Inc. Suc. Argentina and Mobil Argentina S.A. v. Argentine Republic (ICSID Case No. ARB/04/16)
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Gas production concessions
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Oil, Gas & Mining
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BIT United States of America - Argentina 1991
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ICSID Convention - Arbitration Rules
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Mobil Exploration and Development Argentina Inc. Suc. Argentina (U.S.), Mobil Argentina S.A. (Argentine)
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Argentine Republic (Argentine)
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August 5, 2004
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August 14, 2008
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Gustaf MÖLLER (Finnish) - Appointed by the Secretary-General
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Piero BERNARDINI (Italian) - Appointed by the Claimant(s)
Antonio REMIRO BROTÓNS (Spanish) - Appointed by the Respondent(s) -
King & Spalding, Houston, TX, U.S.A.
Pérez Alati, Grondona, Benítez Arntsen & Martínez de Hoz (Jr.), Buenos Aires, Argentina -
Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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February 25, 2016 - The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Antonio Remiro Brotóns.
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Respondent(s)
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June 29, 2016 (Respondent(s))
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August 18, 2016
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Dominique HASCHER (French)
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Vinson & Elkins, Houston, TX, U.S.A.
Orrick Herrington & Sutcliffe, London, U.K
Martínez de Hoz & Rueda, Buenos Aires, Argentina
Exxon Mobil Corporation, Houston, TX, U.S.A. -
Procuradora del Tesoro de la Nación, Buenos Aires, Argentina
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English,Spanish
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Concluded
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May 8, 2019 - The ad hoc Committee issues its decision on annulment.
(a) Original Proceeding
Composition of Tribunal
Party Representatives
(b) Annulment Proceeding
Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)
Party Representatives
No References Available.
(a) Original Proceeding
Date | Development |
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August 5, 2004 | The Secretary-General registers a request for the institution of arbitration proceedings. |
February 14, 2006 | The Claimants present an ancillary claim. |
October 23, 2007 | The Claimants file a second ancillary claim. |
August 14, 2008 | The Tribunal is constituted. Its members are: Gustaf Möller (Finnish), President; Piero Bernardini (Italian); and Antonio Remiro Brotóns (Spanish). |
October 3, 2008 | The Tribunal holds a first session by telephone conference. |
November 3, 2008 | The Tribunal issues a procedural order concerning questions of procedure pursuant to ICSID Arbitration Rule 20. |
February 16, 2009 | The Claimants file a memorial on the merits. |
April 22, 2009 | The Respondent files a request for production of documents. |
April 24, 2009 | The Claimants file observations on the Respondent’s request for production of documents. |
April 28, 2009 | The Tribunal issues a decision on production of documents. |
May 14, 2009 | The Respondent files a memorial on jurisdiction. |
July 31, 2009 | The Claimants file a counter-memorial on jurisdiction. |
August 11, 2009 | The Respondent files a request for a further round of written pleadings on jurisdiction and concerning the procedural calendar. |
August 24, 2009 | The Tribunal issues a decision on the Respondent’s request for a further round of written pleadings on jurisdiction and concerning the procedural calendar. |
August 24, 2009 | The Respondent files a request for disclosure of documents. |
August 26, 2009 | The Claimants file observations on the Respondent’s request for disclosure of documents. |
September 11, 2009 | The Claimants file observations on the Respondent’s response of September 9, 2009. |
September 15, 2009 | The Tribunal issues a decision on disclosure of documents. |
September 23, 2009 | The Tribunal issues a procedural order concerning confidentiality of documents. |
September 25, 2009 | The Respondent files a request for production of documents. |
September 30, 2009 | The Claimants file observations on the Respondent’s request for production of documents. |
October 5, 2009 | The Tribunal decides on the Respondent’s request of September 25, 2009. |
November 2, 2009 | The Respondent files a further request for production of documents. |
December 7, 2009 | The Respondent files a counter-memorial on the merits. |
December 30, 2009 | The Claimants file a request for production of documents. |
January 15, 2010 | The Respondent files observations on the Claimants’ request for production of documents. |
January 19, 2010 | The Claimants file a response to the Respondent’s observations of January 15, 2010. |
January 25, 2010 | The Tribunal issues a procedural order concerning production and confidentiality of documents. |
March 24, 2010 | The Claimants file a request for production of documents. |
April 7, 2010 | The Respondent files observations on the Claimants' request for production of documents. |
April 12, 2010 | The Claimants file a response to the Respondent’s observations on the request for production of documents. |
April 14, 2010 | The Tribunal issues a procedural order concerning confidentiality and production of documents. |
April 27, 2010 | The Claimants file a reply on the merits. |
June 17, 2010 | The Respondent files a request for production of documents. |
June 28, 2010 | The Claimants file observations on the Respondent's request for production of documents. |
July 28, 2010 | The Tribunal decides on production of documents. |
September 6, 2010 | The Respondent files a rejoinder on the merits. |
December 9, 2010 | The Claimants file a request for production of documents. |
December 27, 2010 | The Respondent files observations on the Claimants' request for production of documents. |
January 5, 2011 | The Claimants file a response to the Respondent's observations of December 27, 2010. |
January 14, 2011 | The Tribunal decides on production of documents. |
February 2, 2011 | The Respondent produces documents. |
April 1, 2011 - April 13, 2011 | The Tribunal holds a hearing on jurisdiction and the merits in Washington, D.C. |
June 13, 2011 | The parties file post-hearing briefs. |
July 12, 2011 | The Claimants file a statement of costs. |
July 18, 2011 | The Respondent files a statement of costs. |
December 14, 2012 | Following consultation with the parties, the Tribunal appoints an independent expert. |
April 10, 2013 | The Tribunal issues a decision on jurisdiction and liability; attached to the decision is a separate opinion by arbitrator Antonio Remiro Brotóns. |
June 11, 2013 | The Tribunal issues a procedural order concerning the procedural calendar. |
July 11, 2013 | The Claimants file a submission on quantum. The Respondent files a request for the Tribunal to decide on production of documents. |
July 19, 2013 | The Claimants file observations on the Respondent's request for the Tribunal to decide on production of documents. |
July 23, 2013 | The Respondent files a further request for the Tribunal to decide on production of documents. |
July 30, 2013 | The Tribunal decides on production of documents. |
August 2, 2013 | The Claimants file observations on the Respondent's further request of July 23, 2013 for the Tribunal to decide on productions of documents. The Respondent files a request for reconsideration of the Tribunal’s decision of July 30, 2013. |
August 14, 2013 | The Claimants file observations on the Respondent's request of August 2, 2013. |
August 21, 2013 | The Respondent files observations on the Claimants’ submission on quantum. |
August 23, 2013 | The Tribunal decides on the Respondent’s request of August 2, 2013. The Tribunal decides on the Respondent’s further request of July 23, 2013. |
November 12, 2013 | The independent expert issues a report. |
November 28, 2013 | The Respondent files a request for reconsideration of the Tribunal’s decisions of July 30, 2013 and August 23, 2013. |
December 9, 2013 | The Claimants file observations on the Respondent’s request of November 28, 2013. |
December 12, 2013 | The Tribunal decides on the Respondent’s request of November 28, 2013. |
January 14, 2014 | Each party files observations on the report of the Tribunal’s independent expert. |
February 24, 2014 | Each party files a response to the other party's observations of January 14, 2014 and additional observations on the report of the Tribunal's independent expert. |
May 1, 2014 - May 3, 2014 | The Tribunal holds a hearing on quantum in Washington, D.C. |
September 4, 2014 | Each party files a statement of costs. |
December 22, 2014 | The Respondent files a proposal for disqualification of the Tribunal’s independent expert. |
January 6, 2015 | The Claimants file observations on the proposal for disqualification. |
January 12, 2015 | The Tribunal’s independent expert furnishes explanations regarding the proposal for disqualification. |
February 2, 2015 | The Claimants file further observations on the proposal. |
February 6, 2015 | The Respondent files a reply on the proposal for disqualification. |
February 25, 2015 | The Tribunal’s independent expert furnishes further explanations on the proposal for disqualification. |
February 26, 2015 | The Claimants file a rejoinder on the proposal for disqualification. |
March 3, 2015 | The Respondent files further observations on the proposal for disqualification. |
March 23, 2015 | The proposal for disqualification of the Tribunal’s independent expert is declined by the Tribunal. |
April 15, 2015 | The Respondent files a proposal for disqualification of all the members of the Tribunal: Gustaf Möller, Piero Bernardini, and Antonio Remiro Brotóns. |
April 23, 2015 | The Respondent supplements its proposal for disqualification of April 15, 2015. |
April 30, 2015 | The Claimants file observations on the proposal for disqualification. |
May 4, 2015 | The arbitrators furnish explanations regarding the proposal for disqualification in accordance with ICSID Arbitration Rule 9(3). |
May 14, 2015 | Each party files further observations on the proposal for disqualification. |
June 4, 2015 | The proposal for disqualification of all the members of the Tribunal is declined by the Chairman of the Administrative Council. The proceeding is resumed pursuant to ICSID Arbitration Rule 9(6). |
August 7, 2015 | The Tribunal poses questions to the parties. |
September 11, 2015 | Each party files answers to the questions posed by the Tribunal on August 7, 2015. |
September 27, 2015 | The Respondent files a revised version of the answers to the questions posed by the Tribunal on August 7, 2015. |
November 6, 2015 | The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1). |
February 25, 2016 | The Tribunal renders its award; attached to the award is a dissenting opinion by arbitrator Antonio Remiro Brotóns. |
(b) Annulment Proceeding
Date | Development |
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June 29, 2016 | The Secretary-General registers an application for annulment of the award filed by the Argentine Republic, and notifies the parties of the provisional stay of enforcement of the award. |
August 18, 2016 | The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Dominique Hascher (French), President; Alexis Mourre (French); and Vera Van Houtte (Belgian); all members appointed by the Chairman of the Administrative Council. |
August 29, 2016 | Mobil Exploration and Development files a request to condition the provisional stay of enforcement of the award. |
September 29, 2016 | The Argentine Republic files observations on Mobil Exploration and Development’s request to condition the provisional stay of enforcement of the award. |
October 25, 2016 | Mobil Exploration and Development files a reply in support of its request to condition the provisional stay of enforcement of the award. |
November 18, 2016 | The Argentine Republic files further observations on Mobil Exploration and Development’s request to condition the provisional stay of enforcement of the award. |
November 29, 2016 | The ad hoc Committee holds a first session by telephone conference. |
January 18, 2017 | The ad hoc Committee issues a decision concerning the continuation of the stay of enforcement of the award. |
January 26, 2017 | The ad hoc Committee issues Procedural Order No. 1 concerning procedural matters. |
February 7, 2017 | The Argentine Republic files a memorial on annulment. |
May 3, 2017 | Mobil Exploration and Development files a counter-memorial on annulment. |
July 27, 2017 | The Argentine Republic files a reply on annulment. |
October 20, 2017 | Mobil Exploration and Development files a rejoinder on annulment. |
March 8, 2018 - March 9, 2018 | The ad hoc Committee holds a hearing on annulment in Washington, D.C. |
May 9, 2018 | Each party files a statement of costs. |
March 12, 2019 | The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1). |
May 8, 2019 | The ad hoc Committee issues its decision on annulment. |